To induce Lessor to lease to the Tenant described above, the undersigned does hereby guarantee the payment in full of any obligations under the Lease executed by the Tenant and does hereby guarantee the performance of any and every obligation arising thereunder, expressly including, without limitation, the obligation to pay rent for the entire term, whether or not occupancy is ever accepted by the Tenant, the obligation to pay any and all costs of repair or damage to the premises (the unit in which the premises are located or the building or common areas of the apartment complex) and the obligation to pay any and all amounts, including fines imposed pursuant to the Lease Agreement and the Rules and Regulations, including the attorney’s fees specified therein that are incurred in the enforcement of the subject Lease.
This guaranty may be enforced against Guarantor without the necessity of recourse against Tenant or any other parties responsible. Guarantor acknowledges, consents and agrees that any proceedings to enforce this Agreement or related rights shall be brought in the State Court, the Superior Court or the Magistrate Court in Bulloch County, Georgia. Furthermore, Guarantor consents to personal jurisdiction, proper venue and forum of such courts and hereby irrevocable waives the defense of inconvenient forum. Furthermore, Guarantor waives service of process, (e.g. personal service of a complaint and summons), in actions brought in a court of law as follows: Guarantor agrees that in addition to the forms of service of process provided for by Georgia law, he or she may be served with process by certified mail at the address shown below and that service shall be deemed adequate, sufficient and perfected in the event that after three notices from the U.S. Post Office to the address listed below, Guarantor fails to accept the certified mailing of the complaint and summons. Any actions to enforce this guaranty shall be governed by the laws of the States of Georgia.
The Guarantor waives (1) renewal or notice of extension of time within which any payment of rental, damages or repairs or the performance of other obligations shall be due; (2) necessity of recourse against Tenant; (3) any understanding that any other person, firm or corporation was to sign this guaranty; (4) the incapacity or bankruptcy of Tenant or any other Guarantor; (5) any notice of change or amendment to the Lease and Addenda and (6) the right to any notice of default.
Failure of Lessor to enforce rights of recovery against other occupants of the unit and any third parties shall not release Guarantor, provided that Guarantor is only liable for payments or obligations of the Tenant whose name is set forth above in accordance with the terms of the Lease Agreement but shall be solely responsible as though the Guarantor were the Tenant.